[Federal Register Volume 66, Number 220 (Wednesday, November 14, 2001)]
[Proposed Rules]
[Pages 57002-57003]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-28512]
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NUCLEAR REGULATORY COMMISSION
10 CFR Part 72
RIN 3150-AG87
List of Approved Spent Fuel Storage Casks: FuelSolutions
TM Revision
AGENCY: Nuclear Regulatory Commission.
ACTION: Proposed rule.
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SUMMARY: The Nuclear Regulatory Commission (NRC) is proposing to amend
its regulations revising the BNFL Fuel Solutions (FuelSolutions
TM) cask system listing within the ``List of Approved Spent
Fuel Storage Casks'' to include Amendment No. 2 to the Certificate of
Compliance. Amendment No. 2 would modify the Technical Specifications
(TS). The current TS require that if the W74 canister is required to be
removed from its storage cask, then the canister must be returned to
the spent fuel pool. The modified TS will allow the W74 canister to be
placed in the transfer cask until the affected storage cask is repaired
or replaced. The TS would also be modified to clarify the description
of the other non-fissile material permitted to be stored in the W74
canister and to revise the temperatures to correspond to the liner
thermocouples. Specific changes would be made to TS Tables 2.1-3 and
2.1-4; TS 3.3.2 and 3.3.3; and the bases for TS 3.3.2 and 3.3.3. No
changes would be made to the conditions of the Certificate of
Compliance.
DATES: Comments on the proposed rule must be received on or before
December 14, 2001.
ADDRESSES: Submit comments to: Secretary, U.S. Nuclear Regulatory
Commission, Washington, DC 20555-0001, Attn: Rulemakings and
Adjudications Staff.
Deliver comments to 11555 Rockville Pike, Rockville, MD, between
7:30 a.m. and 4:15 p.m. on Federal workdays.
Certain documents related to this rulemaking, as well as all public
comments received on this rulemaking, may be viewed and downloaded
electronically via the NRC's rulemaking Web site at http://ruleforum.llnl.gov. You may also provide comments via this web site by
uploading comments as files (any format) if your web browser supports
that function. For information about the interactive rulemaking site,
contact Ms. Carol Gallagher, (301) 415-5905; e-mail [email protected].
Certain documents related to this rule, including comments received
by the NRC, may be examined at the NRC Public Document Room, 11555
Rockville Pike, Rockville, MD. For more information, contact the NRC
Public Document Room (PDR) Reference staff at 1-800-397-4209, 301-415-
4737 or by e-mail to [email protected].
Documents created or received at the NRC after November 1, 1999 are
also available electronically at the NRC's Public Electronic Reading
Room on the Internet at http://www.nrc.gov/NRC/ADAMS/index.html. From
this site, the public can gain entry into the NRC's Agencywide
Documents Access and Management System (ADAMS), which provides text and
image files of NRC's public documents. An electronic copy of the
proposed Certificate of Compliance (CoC) and preliminary safety
evaluation report (SER) can be found under ADAMS Accession No.
ML012680428. If you do not have access to ADAMS or if there are
problems in accessing the documents located in ADAMS, contact the NRC
PDR Reference staff at 1-800-397-4209, 301-415-4737or by e-mail to
[email protected].
FOR FURTHER INFORMATION CONTACT: Merri Horn, telephone (301) 415-8126,
e-mail, [email protected] of the Office of Nuclear Material Safety and
Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC 20555-
0001.
SUPPLEMENTARY INFORMATION: For additional information see the direct
final rule published in the final rules section of this Federal
Register.
Procedural Background
This rule is limited to the changes contained in Amendment 2 to CoC
No. 1026 and does not include other aspects of the FuelSolutions
TM cask system design. The NRC is using the direct final
rule procedure to issue this amendment because it represents a limited
and routine change to an existing CoC that is expected to be
noncontroversial. Adequate protection of public health and safety
continues to be ensured.
Because NRC considers this action noncontroversial and routine, the
proposed rule is being published concurrently with a direct final rule.
The direct final rule will become effective on January 28, 2002.
However, if the NRC receives significant adverse comments by December
14, 2001, then the NRC will publish a document that withdraws this
action and will address the comments received in response to the
proposed amendments published elsewhere in this issue of the Federal
Register. A significant adverse comment is a comment where the
commenter explains why the rule would be inappropriate, including
challenges to the rule's underlying premise or approach, or would be
ineffective or unacceptable without a change. A comment is adverse and
significant if:
(1) The comment opposes the rule and provides a reason sufficient
to require a substantive response in a notice-and-comment process. For
example, in a substantive response:
(a) The comment causes the NRC staff to reevaluate (or reconsider)
its position or conduct additional analysis;
(b) The comment raises an issue serious enough to warrant a
substantive response to clarify or complete the record; or
(c) The comment raises a relevant issue that was not previously
addressed or considered by the NRC staff.
(2) The comment proposes a change or an addition to the rule, and
it is
[[Page 57003]]
apparent that the rule would be ineffective or unacceptable without
incorporation of the change or addition.
(3) The comment causes the NRC staff to make a change to the CoC or
TS.
These comments will be addressed in a subsequent final rule. The
NRC will not initiate a second comment period on this action.
List of Subjects in 10 CFR Part 72
Administrative practice and procedure, Criminal penalties, Manpower
training programs, Nuclear materials, Occupational safety and health,
Penalties, Radiation protection, Reporting and recordkeeping
requirements, Security measures, Spent fuel, Whistleblowing.
For the reasons set out in the preamble and under the authority of
the Atomic Energy Act of 1954, as amended; the Energy Reorganization
Act of 1974, as amended; and 5 U.S.C. 553, the NRC is proposing to
adopt the following amendments to 10 CFR part 72.
PART 72--LICENSING REQUIREMENTS FOR THE INDEPENDENT STORAGE OF
SPENT NUCLEAR FUEL AND HIGH-LEVEL RADIOACTIVE WASTE
1. The authority citation for Part 72 continues to read as follows:
Authority: Secs. 51, 53, 57, 62, 63, 65, 69, 81, 161, 182, 183,
184, 186, 187, 189, 68 Stat. 929, 930, 932, 933, 934, 935, 948, 953,
954, 955, as amended, sec. 234, 83 Stat. 444, as amended (42 U.S.C.
2071, 2073, 2077, 2092, 2093, 2095, 2099, 2111, 2201, 2232, 2233,
2234, 2236, 2237, 2238, 2282); sec. 274, Pub. L. 86-373, 73 Stat.
688, as amended (42 U.S.C. 2021); sec. 201, as amended, 202, 206, 88
Stat. 1242, as amended, 1244, 1246 (42 U.S.C. 5841, 5842, 5846);
Pub. L. 95-601, sec. 10, 92 Stat. 2951 as amended by Pub. L. 102-
486, sec. 7902, 106 Stat. 3123 (42 U.S.C. 5851); sec. 102, Pub. L.
91-190, 83 Stat. 853 (42 U.S.C. 4332); secs. 131, 132, 133, 135,
137, 141, Pub. L. 97-425, 96 Stat. 2229, 2230, 2232, 2241, sec. 148,
Pub. L. 100-203, 101 Stat. 1330-235 (42 U.S.C. 10151, 10152, 10153,
10155, 10157, 10161, 10168).
Section 72.44(g) also issued under secs. 142(b) and 148(c), (d),
Pub. L. 100-203, 101 Stat. 1330-232, 1330-236 (42 U.S.C. 10162(b),
10168(c),(d)). Section 72.46 also issued under sec. 189, 68 Stat.
955 (42 U.S.C. 2239); sec. 134, Pub. L. 97-425, 96 Stat. 2230 (42
U.S.C. 10154). Section 72.96(d) also issued under sec. 145(g), Pub.
L. 100-203, 101 Stat. 1330-235 (42 U.S.C. 10165(g)). Subpart J also
issued under secs. 2(2), 2(15), 2(19), 117(a), 141(h), Pub. L. 97-
425, 96 Stat. 2202, 2203, 2204, 2222, 2244, (42 U.S.C. 10101,
10137(a), 10161(h)). Subparts K and L are also issued under sec.
133, 98 Stat. 2230 (42 U.S.C. 10153) and sec. 218(a), 96 Stat. 2252
(42 U.S.C. 10198).
2. In Sec. 72.214, Certificate of Compliance 1026 is revised to
read as follows:
Sec. 72.214 List of approved spent fuel storage casks.
* * * * *
Certificate Number: 1026.
Initial Certificate Effective Date: February 15, 2001.
Amendment Number 1 Effective Date: May 14, 2001.
Amendment Number 2 Effective Date: January 28, 2002.
SAR Submitted by: BNFL Fuel Solutions.
SAR Title: Final Safety Analysis Report for the
FuelSolutionsTM Spent Fuel Management System.
Docket Number: 72-1026.
Certificate Expiration Date: February 15, 2021.
Model Number: WSNF-220, WSNF-221, and WSNF-223 systems; W-150
storage cask; W-100 transfer cask; and the W-21 and W-74 canisters.
* * * * *
Dated at Rockville, Maryland, this 25th day of October, 2001.
For the Nuclear Regulatory Commission.
William F. Kane,
Acting Executive Director for Operations.
[FR Doc. 01-28512 Filed 11-13-01; 8:45 am]
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